Gould v. Madonna

Opinion

BRAY, J.

*

Plaintiff appeals from that part of a judgment after court trial in his favor denying him double damages instead of actual damages.

Question Presented

Does section 3346 of the Civil Code or section 13008 of the Health and Safety Code apply to damage to property resulting from fires negligently set?

Record

Numerous suits for damages were consolidated for trial of the liability issue, and defendant’s liability was established. Before trial of the issue of damages in plaintiff’s case,

Drewry

v.

Welch

(1965) 236 Cal.App.2d 159 [46 Cal.Rptr. 65], was decided, holding that under section 3346 of the Civil Code, double damages are mandatory for wrongful injuries to which the section applies. Thereupon, plaintiff followed a number of procedures to have it determined that he was entitled to double damages for the property injuries charged in his complaint.

It is unnecessary to detail these procedures. Suffice it to say that if section 3346 of the Civil Code applies, he fully protected himself to receive the benefit of that section.

[406]

Defendant under a contract with the State of California was constructing a portion of U. S. Highway 40 (now U. S. Highway 80) in Placer County. Defendant’s employees negligently set and maintained fires to burn trees, stumps, brush and other debris in the area of the construction, resulting in an uncontrolled fire which burned extensive areas, including timber, trees, underwood and land of plaintiff. At the trial the court, refusing to award double damages, found that plaintiff was damaged in the sum of $51,500. The computation of damages was based upon the difference in the fair market value of plaintiff’s land before as compared to its value after the fire. Judgment was entered accordingly.

Section 3346 of the Civil Code (Deering’s) is headed: “[Injuries to trees, etc: Trespass committed while acting in reliance upon boundary lines.]” In pertinent part it provides: “(a) For wrongful injuries to timber, trees, or underwood on the land of another, or removal thereof, the measure of damages is three times such sum as would compensate for the actual detriment,